Surface America, Inc. v. United Surety & Indemnity Co.

OPINION AND ORDER1

BESOSA, District Judge.

Plaintiff Surface America, Inc. (“Surface”), brings a suit alleging the breach of a payment bond contract by defendant United Surety & Indemnity Company (“USIC”), a Puerto Rico corporation. (See Docket No. 1.) Before the Court are the motion to dismiss and the motion for summary judgment filed by defendant. (Docket No. 10.) For the reasons set forth below, defendant’s motion to dismiss is GRANTED and its motion for summary judgment is deemed MOOT.

DISCUSSION

I. Background

On an unspecified date, the Public Housing Administration of Puerto Rico (“the…